Wednesday, December 23, 2009

NE - LB285 Preliminary Injunction Hearing

Original Article
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On Wednesday December 23, 2009 proceedings were held before Judge Richard G. Kopf in Lincoln, NE. The hearing was held on plaintiffs’ motion for preliminary injunction.

Evidence and arguments were made by both parties as to motion for preliminary injunction. The Court has taken the matter under advisement and will have an opinion the following Wednesday (12/30) or Thursday (12/31).

Appearance for Plaintiffs: Stuart J. Dornan, Thomas J. Monaghan, Blake Richards; Defendants State of Nebraska, Nebraska State Patrol, Jon Bruning, Col. Bryan Tuma: David D. Cookson and Katherine J. Spohn; for Defendants Douglas County Attorney and Douglas County Sheriff: Timothy K. Dolan and Jeffrey J. Lux




KY - Conway Takes the Fight to Sex Offenders

Original Article

Take it to the supreme court, that is where it needs to be in the first place, since the people who swore to defend the constitution, are not doing so.

12/23/2009

Jack Conway is taking his case against sex offenders to the U.S. Supreme Court.

The state attorney general is perturbed that the Kentucky Supreme Court ruled that registered sex offenders, if their crimes were committed before July 12, 2006, can live anywhere they want.
- The supreme court is upholding the constitution, unlike this AG, who also took an oath to do so.  Adding punishment after the fact, is an ex post facto law that the constitution forbids.

For those who were convicted after that date, it's kind of hard to find a place to live. The result - apartment complexes like the one in Pleasure Ridge Park that are over-run with sex offenders.

As you can see from the WAVE report below, one complex out there has the highest concentration of sex offenders in the state, something Metro Council members like Doug Hawkins spend a lot of time trying to fight.

It's a popular cause for politicians, like fighting strip clubs and homeless shelters, but these people, who have served their sentences for their crimes, have to live somewhere.

Here's the latest from Conway:

FRANKFORT, Ky. (December 23, 2009)Attorney General Jack Conway (Contact) is asking the United States Supreme Court to review the ruling by the Kentucky Supreme Court that lifts the residency restrictions for all registered sex offenders who committed their crimes before July 12, 2006. General Conway today filed a Petition for Certiorari in the United States Supreme Court asking that the Court review the decision in the case of Baker V. Commonwealth.

The Kentucky Supreme Court ruled in October 2009 that the residency restrictions for sex offenders, passed by the Kentucky General Assembly in 2006, were unconstitutional when applied to offenders who committed their crimes before the new statute took effect. The 2006 statute made it illegal for a registered sex offender to live within 1,000 feet of a high school, middle school, elementary school, preschool, publicly owned playground or licensed daycare.

“Allowing convicted sex offenders to live near schools or daycares is a serious public safety concern,” said General Conway. “As a father and as Kentucky's Attorney General, I will do everything I can to ensure the safety of children and families across the Commonwealth.”

Kentucky State Police estimate that more than 5,500 registered sex offenders are affected by the Kentucky decision, which allows them to reside near locations where children congregate.

General Conway's Office of Criminal Appeals filed a motion on October 21, 2009 with the Kentucky Supreme Court requesting that it suspend implementation of the ruling until the U.S. Supreme Court determines whether it will review the Kentucky case. That motion was denied.

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CT - Officials call for facility for sex offenders

Original Article

Why are they not being treated IN prison? Why wait until they are out before doing so? I see the congressional idiots are not thinking again! This just sounds like another money grab to me.

12/22/2009

HARTFORD — Connecticut lawmakers are being urged to restore funding for a new facility to treat dangerous sex offenders when they get out of prison, over concerns that the convicts pose a threat to public safety.

The legislature last year approved the creation of a $2 million residential treatment center for sex offenders on parole or probation at a jail in Montville, but officials say it hasn’t gone forward because of the state’s budget deficit.

Concerns have risen with the news that a three-time convicted rapist will be released from a Connecticut prison Thursday and has nowhere to go.

The Hartford Courant reports that 52-year-old _____ is considered so dangerous and untreatable that sex offender programs in eight states have denied him admission.


FL - Billionaire Chips Away at Multitude of Sex Suits

Original Article

12/23/2009

By BRIAN HAMACHER

Epstein settles four civil suits, 14 still pending

It's four sexual abuse lawsuits down, 14 to go for convicted sex offender and Palm Beach billionaire Jeffrey Epstein.

Epstein settled one of the civil lawsuits against him earlier this week, the fourth such settlement so far, but still has 14 pending against him, according to the Palm Beach Post.

The 56-year-old Epstein, a successful financier, pled guilty to procuring teenagers for prostitution in 2008 and did 13 months behind bars.

The civil suits have been filed by women who claim they were minors when they were forced to perform sexual favors for him.

The latest settlement involved a woman who claimed she was 14 when Epstein sexually assaulted her. Her lawyer told the Post that his client just wanted the whole thing to end.

"My client, Jane Doe 1, was beat up [emotionally] so badly," attorney Spencer Kuvin said. "To be honest she didn't want anything to do with it anymore. She just wanted it over. The girls who are settling are fearful of him."

Epstein has allegedly employed several investigators to dig up dirt on the women, and their lawyers said the investigations have gone too far.

"Our clients have uniformly said the investigators have gone too far," said Adam Horowitz, who represents seven women with suits against Epstein.

The Epstein saga took a strange turn last week when a Palm Beach judge ruled that Epstein wouldn't have to show Kuvin his allegedly odd-shaped penis. The attorney had argued that if Epstein's penis was egg-shaped, as his client alleged it was, it would bolster his case.

Epstein, a New York native who's pals with the likes of Bill Clinton and Donald Trump, also has a connection to the Scott Rothstein scandal.

He's suing the alleged Fort Lauderdale Ponzi schemer, claiming Rothstein trumped up lawsuits against him to bolster his scam.


KY - Sex offender could be sent back to jail

Original Article

12/22/2009

By Jim Hannah

COVINGTON - A registered sex offender has been charged with violating his parole after authorities said he broke his curfew on Halloween, communicated with convicted felons and purchased a sexually explicit movie.

Prosecutors asked a judge Tuesday to send _____, 27, of Independence back to jail. Kenton Circuit Judge Patricia Summe said she would spend the holiday reviewing _____'s court file and make a decision Jan. 5.

Until then, _____ must wear an ankle bracelet to track his whereabouts. He is allowed to leave home only for church and work. He trims trees with his brother for a living. _____ has already spent four days in jail on the probation violation charge.

_____ served six months in jail and was placed on probation for five years after pleading guilty in May 2006 to third-degree rape of a 15-year-old girl that he coached in basketball. He was also ordered to register as a sexual offender for 20 years.

Court records state the victim had sneaked out of her mother's home in January to watch a movie at _____'s place when she was raped. _____ was released on a $1,000 bond after his arrest on the rape charge and was picked up by police a second time for allegedly stalking the girl.

_____ was the girl's basketball coach at Community Christian Academy in Independence.

_____'s attorney, Robert Lotz, claims his client was at home during the mandatory curfew for some sex offenders on Halloween but didn't think he was allowed to come to the door. While _____'s probation agreement states he isn't to answer the door on Halloween, it also states he is supposed to allow probation and parole officers into his home for spot checks.

A probation officer also found two open envelopes from convicted felons in _____'s home. Authorities said that proved he had violated probation by communicating with felons.

Also debated at the court hearing was whether "Fired Up!" was a sexually explicit video, something _____ is banned from owning. It's a comedy about two high school boys who ditch football camp for cheerleader camp. It was rated PG-13 but _____ had purchased the non-rated version.
- Give me a break! What's wrong, not getting any at home?  You probably confiscated it for your own collection!

A civil suit filed by the parents of the 15-year-old victim is still pending.

Community Pentecostal Church in Independence, which operates the school, and _____ are currently waiting to see if the Kentucky Supreme Court will review a state Court of Appeals decision.

The appeals court ruled in October that a lower court judge made an error when he concluded the coach's acts were not foreseeable so the school could not be held negligent in hiring and retaining the coach.


MI - Mother sent to prison for allowing kids near sex offender

Original Article

So now relationships are illegal. So what about men/woman exposing their kids to drug dealer husbands/wives? Or murderers, gang members, etc? If having a relationship, and the courts trying to "predict" the future is illegal, then why isn't all other situations where kids are exposed?  Danger lurks everywhere, so when are we going to put all kids in a bubble, so they do not hurt themselves?

12/22/2009

ADRIAN - A Hudson woman was sentenced to prison Tuesday in Lenawee County Circuit Court for violating probation by exposing her children to a boyfriend who is a registered sex offender.

I’m trying. I really am. I just made a horrible mistake,” said _____, 31. She told the court she has been drug free for seven years and entered counseling after her children were removed by the Department of Human Services. Public defender Anna Marie Anzalone told the court that counseling is a better option than prison for _____.

Exposing your children to a registered sex offender is more than just a little mistake,” said Judge Timothy P. Pickard. “You have been on probation since 2003 in this case and I’ve had enough,” he said before handing down a 2- to 14-year prison term with credit for 242 days served since her original conviction in a forged check case.
- So, this judge is "predicting" the future, or trying to, by assuming all sex offenders are dangerous, which is just pure hysteria and ignorance on his part.

Hartung was sentenced to prison for a probation violation two years ago, but the sentence was reversed by the Michigan Court of Appeals for exceeding state guidelines.